Many people overstay their authorized status in the U.S, often unintentionally—but that slip can lead to serious consequences. Overstaying can affect your ability to work, apply for a green card, or even re-enter the country in the future.
If you’re living in California or anywhere else in the U.S. on a temporary visa, knowing your options and acting quickly can make all the difference.
This guide explains what happens when your visa expires, why timing matters, and what steps you can still take before it’s too late.
Your visa stamp gives you permission to enter the U.S., but it doesn’t determine how long you can stay. That’s controlled by your I-94 record, which shows the date by which you must leave or change your status.
To check your status, visit: https://i94.cbp.dhs.gov
If your I-94 date has passed and you haven’t filed for an extension or change, you are officially out of status.
Remaining in the U.S. past your authorized stay leads to “unlawful presence.” Here’s what can trigger:
You could also face deportation, loss of work eligibility, and travel restrictions.
Life happens. We’ve seen all of the following:
Whatever the reason, the key is to act early and seek guidance.
Your visa might still be valid, but your I-94 could have a sooner date. Always check this first to confirm your current legal status.
If your visa allows, you may be able to request an extension before your I-94 expires. Some common examples:
Apply as early as possible—late filings are rarely approved.
If eligible, you might be able to switch categories (such as from visitor to student). This requires filing Form I-539 before your stay expires. It doesn’t guarantee approval, but it may allow you to remain legally while it’s processed.
You may still qualify for a late extension or adjustment of status. Leaving voluntarily now can help you avoid a long-term reentry ban.
Leaving could trigger a 3-year reentry bar. You may still qualify for waivers, depending on your case. Speak to an attorney immediately.
This may trigger a 10-year reentry bar. You could apply for a waiver of inadmissibility (Form I-601), but approval is not easy. Legal help is critical here.
Even minor overstays can leave a mark on your immigration record. The longer you wait, the more limited your options become.
Yes, there are a few:
Every case is different. The only way to know your options is to speak with an experienced immigration attorney.
If your visa is close to expiring—or already has—Brudner Law can guide you through your next move.
We help with:
Our team handles these cases with empathy, urgency, and the full weight of our legal experience. We don’t just fill out forms—we guide you every step of the way.
Overstaying your visa isn’t just an administrative issue—it can reshape your entire future in the U.S.
At Brudner Law, we help clients avoid long-term immigration trouble by stepping in early, offering honest advice, and building strategies that work.
If you’re feeling uncertain, overwhelmed, or afraid to ask for help, now is the time to take that first step.
Contact Brudner Law to schedule a consultation.
No judgment. No fear. Just honest answers—and a team that’s here to help you stay on track.
Embrace your Future with Brudner Law
